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2023 (2) TMI 194 - AT - Income TaxUnexplained cash deposit - agricultural income or not - genuineness of receipt of cash on sale of Popular tree - as submitted that the necessary confirmations of the persons who have purchased the popular trees from the assessee have been submitted during the course of assessment proceedings and which have not been disputed by the Revenue - HELD THAT:- We have gone through the submissions filed by the assessee before the ld. CIT(A) wherein the assessee has submitted the joint affidavit/confirmation from Shri Harchand Khan and Gurinder wherein they have categorically stated that they have purchased popular trees from the assessee for further sale and have made payment in cash totaling to Rs. 9,00,000/- besides photocopies of popular trees grown and sold by the assessee, cash flow statement of his agricultural activities have also been submitted. Nothing has been stated as to what further explanation or documentation is required from the assessee especially given the fact that he is not mandated under law to maintain any regular books of accounts. In my view, the assessee has discharged the initial onus cast on him explaining the nature and source of cash deposit being proceeds of sale of popular trees. Where the Revenue authorities disbelief the contents of the affidavit/confirmation, merely stating so and expressing such disbelief is not sufficient. The PAN number cannot be held to be proof of identity of the buyer. What was stopping the Revenue authorities in calling these persons whose name, address and Aadhar number are on record and recording their statement. There is nothing on record in respect of any steps taken in this regard including any direction to the assessee to produce these persons. There is nothing on record that the assessee was involved in any other activities other than agriculture activities. Revenue has to bring some positive evidence rebutting the explanation so furnished and the contents of the affidavit from the buyers so placed on record. In absence thereof, the explanation of the assessee which is duly corroborated cannot be negated and the onus cannot be shifted back on the assessee. Similar findings have been recorded by the Co-ordinate Chandigarh Benches in the case of Shri Mahavir Singh [2019 (8) TMI 1854 - ITAT CHANDIGARH] which supports the case of the assessee. Addition so confirmed by the ld. CIT(A) amounting to Rs. 9 lacs is hereby directed to be deleted. Appeal of the assessee is allowed.
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